The Township Planning Board, Board of Adjustment and governing
body shall adopt and may amend reasonable rules and regulations, not
inconsistent with this chapter, for the administration of their functions,
powers and duties and shall furnish a copy thereof to any person upon
request and may charge a reasonable fee for such copy. Copies of all
such rules and regulations and amendments thereto shall be maintained
in the office of the Township Clerk.
A.
The Planning Board and Board of Adjustment shall, by their rules,
fix the time and place for holding their regular meetings for business
authorized to be conducted by such Boards. Regular meetings of the
Boards shall be scheduled not less than once a month and shall be
held as scheduled unless canceled for lack of applications for development
to process. The Boards may provide for special meetings at the call
of the Chairman or on the request of any two of their members, which
meetings shall be held on notice to the Boards' members and the public
in accordance with municipal regulations. No action shall be taken
at any meeting without a quorum being present.
(1)
All actions shall be taken by a majority vote of the members of the
municipal agency present at the meeting except as otherwise required
by the following sections of P.L. 1975, c. 291 (N.J.S.A. 40:55D-1
et seq.):
(a)
Section 23 (N.J.S.A. 40:55D-32), dealing with the adoption of the
Official Map.
(b)
Section 25 (N.J.S.A. 40:55D-34), dealing with issuance of construction
permits on lands reserved on the Official Map.
(c)
Section 29 (N.J.S.A. 40:55D-38), dealing with the adoption of a zoning
ordinance.
(d)
Section 50 (N.J.S.A. 40:55D-63), dealing with the adoption of a zoning
ordinance.
(e)
Section 8e (N.J.S.A. 40:55D-17e), dealing with the governing body
reversing action by the Planning Board.
(f)
Section 17a (N.J.S.A. 40:55D-26a), dealing with the governing body
overriding the Planning Board report on development regulations.
(g)
Section 17b (N.J.S.A. 40:55D-26b), dealing with another municipal
agency overriding the Planning Board on matters referred to the Planning
Board.
(h)
Section 57d (N.J.S.A. 40:55D-70d), dealing with a use variance application
(2)
Nothing herein shall be construed to contravene any act providing
for procedures for the governing body.
B.
All regular meetings and all special meetings of the Planning Board
and Board of Adjustment shall be open to the public. Notice of all
such meetings shall be given in accordance with this chapter and other
municipal regulations. An executive session for the purpose of discussing
and studying any matters to come before either Board shall not be
deemed a regular or special meeting within the meaning of this chapter.
C.
Minutes of every regular or special meeting of the Planning Board
or Board of Adjustment shall be kept and shall include the names of
the persons appearing and addressing the Board and of the persons
appearing by attorney; the action taken by the Board; and the findings,
if any, made by it and reasons therefor. The minutes shall thereafter
be made available for public inspection during normal business hours
at the office of the administrative officer. Any interested party
shall have the right to compel production of the minutes for use as
evidence in any legal proceedings concerning the subject matter of
such minutes. Such interested party may be charged a reasonable fee
for reproduction of the minutes for this use.
D.
Failure of a motion to approve an application for development to
receive the number of votes required for approval shall be deemed
an action denying the application.
E.
The adoption of a resolution of memorialization, pursuant to § 160-43 of this chapter, shall not be construed to alter the applicable time period for rendering a decision on the application for development. Such resolution shall be adopted by a vote of a majority of the members of the municipal agency who voted for the action previously taken, and no other member shall vote thereon. The vote on such resolution shall be deemed to be a memorialization of an action of the municipal agency and not to be an action on an application for development by the municipal agency; except that failure to adopt such a resolution within the forty-five-day period shall result in the approval of the application for development, notwithstanding any prior action taken thereon.
This chapter or any revision or amendment thereto shall not
take effect until a copy thereof has been filed with the County Planning
Board. An Official Map shall not take effect until filed with the
county recording officer. Copies of this chapter and any revisions
or amendments thereto shall be filed and maintained in the office
of the Township Clerk.
Any power expressly authorized by this chapter to be exercised
by the Planning Board or the Board of Adjustment shall not be exercised
by any other body, except as otherwise provided in this chapter.
In the event that, during the period of approval heretofore
or hereafter granted to an application for development, the developer
is barred or prevented, directly or indirectly, from proceeding with
the development otherwise permitted under such approval by a legal
action instituted by any state agency, political subdivision or other
party to protect the public health and welfare or by a directive or
order issued by any state agency, political subdivision or court of
competent jurisdiction to protect the public health or welfare and
the developer is otherwise ready, willing and able to proceed with
said development, the running of the period of approval under this
chapter or under any ordinance repealed by this chapter, as the case
may be, shall be suspended for the period of time said legal action
is pending or such directive or order is in effect.
A.
In the event that a developer submits an application for development
proposing a development that is barred or prevented, directly or indirectly,
by a legal action instituted by any state agency, political subdivision
or other party to protect the public health and welfare or by a directive
or order issued by any state agency, political subdivision or court
of competent jurisdiction to protect the public health and welfare,
the Planning Board or Board of Adjustment shall process such application
for development in accordance with this chapter, and, if such application
for development complies with this chapter, the Board shall approve
such application conditioned on removal of such legal barrier to development.
B.
In the event that development proposed by an application for development
requires an approval by a governmental agency other than the Planning
Board or Board of Adjustment, the Board shall, in appropriate instances,
condition its approval upon the subsequent approval of such governmental
agency, provided that the Township shall make a decision on any application
for development within the time period provided in this chapter or
within an extension of such period as has been agreed to by the applicant,
unless the Board is prevented or relieved from so acting by the operation
of law.
C.
Whenever conditional approval is granted and the condition requires
action by the applicant to be satisfied, the applicant shall have
not more than 90 days to satisfy such conditions and provide proof
of satisfaction of the condition to the municipal agency. Failure
to satisfy the conditions within that time shall result in the approval
being null and void.
[Amended 9-5-1986]
[Amended 10-4-1991]
Pursuant to the provisions of Sections 29.1e and 52h of P.L.
1975, c. 291 (N.J.S.A. 40:55D-39e and 40:55D-65h), every application
for development submitted to the Planning Board or Zoning Board of
Adjustment shall be accompanied by proof that no taxes or assessments
for local improvements are due or delinquent on the property which
is the subject of such application. Additionally, all approvals for
development shall be conditioned on the fact that no taxes or assessments
for local improvements are due or delinquent on the property for which
any application has been made. In the event of delinquent taxes or
assessments, no certificates of occupancy or continuing certificates
of occupancy shall be issued until all delinquent taxes and/or assessments
are paid in full.
[Added 9-5-1986]
A.
Application forms. All applicants for development shall obtain application
forms from the Secretary of the municipal agency to which the application
is to be submitted.
B.
Checklists.
(1)
Whenever an application form is issued to an applicant for development
by the Secretary of the municipal agency, the Secretary shall also
furnish to the applicant a copy of the appropriate checklist or checklists
pertinent to the application or applications to be submitted by the
applicant pursuant to the following list:
[Amended 2-2-1996]
|
Checklist
|
Requirement
| |
|---|---|---|
|
Development Review Instructions
|
General information to be furnished to all applicants
| |
|
Checklist Addendum A
|
Must be furnished to applicants for minor subdivision approval
| |
|
Checklist Addendum B
|
Must be furnished to applicants for subdivision concept plan
approval
| |
|
Checklist Addendum C
|
Must be furnished to applicants for preliminary subdivision
approval
| |
|
Checklist Addendum D
|
Must be furnished to applicants for final major subdivision
approval
| |
|
Checklist Addendum E
|
Must be furnished to applicants for site plan concept plan approval
| |
|
Checklist Addendum F
|
Must be furnished to applicants for preliminary and final site
plan approval
| |
|
Checklist Addendum G
|
Must be furnished to applicants for conditional use permit
| |
|
Checklist Addendum H
|
Must be furnished to applicants for zoning variance approval
or granting of relief
| |
|
Checklist Addendum I
|
Must be furnished to applicants for the issuance of a permit
pursuant to N.J.S.A. 40:55D-34 or 40:55D-36
| |
|
Checklist Addendum J
|
Must be furnished to applicants for minor site plan approval
|
(3)
In addition to the above checklist requirements, all development
submissions to either the Planning Board or the Board of Adjustment
shall be accompanied by the information as set forth below. A failure
by the applicant to supply this information will result in the application
being deemed incomplete in accordance with N.J.S.A. 40:55D-10.3. In
addition to being set forth below, these requirements shall be in
the form of a checklist which must be furnished to all applicants
for any submission to either the Planning Board or the Board of Adjustment,
except for concept plans.
[Added 8-3-1990]
(a)
Certificate that taxes are paid.
(b)
Affidavit of ownership. If applicant is not the owner, applicants'
interest in land, e.g., tenant, contract/purchaser, lienholder, etc.
(c)
One of the following;
[1]
A letter of interpretation from the New Jersey Department of
Environmental Protection indicating the absence of freshwater wetlands
or indicating the presence and verifying delineation of the boundaries
of freshwater wetlands; or
[3]
If applicable, a copy of any application made to the New Jersey
Department of Environmental Protection for any permit concerning a
proposed regulated activity in or around freshwater wetlands; and
[4]
A plat showing the delineation of the flagged wetlands together
with the associated transition zones.
(d)
The Planning Board or Board of Adjustment may waive the above
requirements where it can be established by applicant and verified
by the Board and its professionals that no wetlands exist on site
or on contiguous property owned by the applicant.
(e)
If a corporation or partnership, list the names and addresses
of all stockholders or individual partners owning at least 10% of
its stock of any class as required by N.J.S.A. 40:55D-48.1 et seq.
(f)
Number of witnesses and their expertise, if any.
(g)
Statement as to any requirements for which waiver is sought,
together with a statement of reasons why waivers should be granted.
(4)
The applicant shall also provide an escrow agreement, pursuant to
§ 160-53A(2)(j), on all checklists.
[Added 5-17-1996]
C.
Completeness of application. An application for development shall be complete for purposes of commencing the applicable time period for action by a municipal agency when so certified by the municipal agency or its authorized committee or designee. A municipal agency may authorize a committee or designee to certify completeness by resolution adopted at a regular meeting of that municipal agency. Certification as to the completeness of an application shall be in the form of a motion of that agency, duly adopted at a regular meeting, or the execution of a checklist certification of completeness by the authorized committee or designee. In the event that the agency does not certify the application to be complete within 45 days of the date of its submission, the application shall be deemed complete upon the expiration of the forty-five-day period for purposes of commencing the applicable time period unless the application lacks information required by a checklist authorized by § 160-36B and the municipal agency or its authorized committee or designee has notified the applicant, in writing, of the deficiencies in the application within 45 days of submission of the application. Notice of an incomplete application shall be mailed to the applicant at the address set forth in the application.
[Amended 5-8-1987]
D.
Waiver of defects. The applicant may request that one or more of
the submission requirements be waived, in which event the agency or
its authorized committee shall grant or deny the request within 45
days.
E.
Proof of substantiation not relieved. No provision of this section
shall be construed as diminishing the applicant's obligation to prove,
in the application process, that he is entitled to approval of the
application.
F.
Correction and supplementation of application.
(1)
The municipality may at any time require correction of any information
found to be in error and submission of additional information not
specified in this chapter or any revisions in the accompanying documents,
as are reasonably necessary to make an informed decision as to whether
the requirements necessary for approval of the application for development
have been met.
(2)
The application shall not be deemed incomplete for lack of any such
additional information or any revisions in the accompanying documents
so required by the municipal agency.
G.
For all developments of four lots or four units, a conceptual plan
shall be submitted for discussion with the Planning Board prior to
submission of a preliminary application for major subdivision or major
site plan.
[Added 10-9-1998]
